2 total
NCR defence rejected; accused convicted of second-degree murder.
The accused was charged with second-degree murder after stabbing and killing his husband.
He proceeded to trial before a judge alone.
The defence argued the accused should be found not criminally responsible on account of mental disorder, relying on two forensic psychiatrists who opined he was experiencing psychosis at the time of the killing.
The court found the accused was suffering from a mental disorder at the time but held that the defence had not established on a balance of probabilities that he was incapable of appreciating the moral wrongfulness of his actions, as the expert opinions relied heavily on inadmissible hearsay.
The court further found the Crown proved beyond a reasonable doubt that the accused had the requisite intent for murder, finding him guilty of second-degree murder.
The accused was acquitted of manslaughter after the court found her prolonged restraint of the attacker was reasonable self-defence, with death resulting from unknown drug intoxication.
The accused, Mireille Pardieu, was charged with manslaughter after restraining Fadumo Hassan, who subsequently died due to complications of chest compression exacerbated by cocaine and ethanol intoxication.
The defense argued self-defence under section 34 of the Criminal Code.
The Crown conceded an air of reality to self-defence but argued the force used was disproportionate, specifically the duration of restraint after the victim stopped resisting.
The court found Ms. Pardieu's actions reasonable, noting her belief of ongoing threat and the unknown contributing factors of the victim's drug and alcohol use, which a reasonable person would not have known would make the restraint fatal.
The Crown failed to disprove self-defence beyond a reasonable doubt.
